Petitioner sought correction of date of birth in service records to extend superannuation date. Court directed authorities to conduct detailed enquiry into conflicting birth documents before taking final action as per rules.
Respondents directed to conduct a detailed enquiry into the documents filed and pass final orders expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.19718 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2022
CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Writ Petition No.19718 of 2017
A.Natarajan
...Petitioner
-Vs-
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to change the petitioner's date of birth in his service records as 14.03.1966 instead of 14.03.1965 and further direct the respondents to
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extent his date of superannuation one year by taking into consideration of his original date of birth as 14.03.1966.
For Petitioner : Mr.A.Gauthaman
For Respondents : Mrs.E.Ranga Nayaki, Additional Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the respondents to change the petitioner's date of birth in his service records as 14.03.1966 instead of 14.03.1965 and further direct the respondents to extend his date of superannuation one year by taking into consideration his original date of birth as 14.03.1966.
W.P.No.19718 of 2017
petitioner to submit relevant documents, since they have to conduct an inquiry in respect of the claim made by the writ petitioner. Since the petitioner was not in a position to submit all the relevant documents immediately, he secured the documents and submitted the same before the authorities in a periodical manner. Thus, there was a delay in completing the process of submission of relevant documents to the authority. The enquiry is yet to be conducted.
by the Commissioner of Arkkonam Municipality and the certificate was
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issued to that effect, but on the other hand the Secondary School Leaving Certificate issued in March 1980 reveals that the date of birth of the writ petitioner is 14.03.1965. That apart, the legal heirship certificate furnished by the petitioner reveals that his date of birth was mentioned as 14.03.1966. In view of different entries made in the School Certificate as well as in the Birth Certificate issued by the municipality, the authorities have to conduct a thorough enquiry with reference to the genuinity of the documents and to ascertain the correct date of birth of the writ petitioner, for the purpose of taking further action in accordance with the rules.
directed to conduct a detailed enquiry with reference to the documents filed by the petitioner and initiate all appropriate actions in accordance with the rules in force and pass final orders as expeditiously as possible.
that the enquiry regarding the date of birth is to be conducted by the Revenue Officials under Rule 49 of the Tamil Nadu States and Subordinate Service Rules, thus, the respondents have to furnish all the available details to the competent Revenue Authority for the purpose of
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conducting an enquiry under Rule 49, who in turn has to conduct an
enquiry and submit a report, enabling the respondents to consider the case of the writ petitioner.
No costs.
21.09.2022
Index:Yes Speaking order sha/gpa
To
School Education Department, College Road, DPI Campus, Chennai-6.
Chennai-6.
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S.M.SUBRAMANIAM, J.
sha/gpa
W.P.No.19718 of 2017
21.09.2022
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2 issues framed by the court
Whether the respondents are bound to conduct an enquiry to ascertain the correct date of birth and grant extension to the date of superannuation based on conflicting documents.
Whether the claim for alteration of date of birth can be disposed of without a detailed enquiry into the genuinity of the submitted documents.
A.Natarajan
The State of Tamil Nadu
The Director, School Education Department
The Joint Director of School Education Department
The District Educational Officer
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
